Terms
This document and the other documents referred to below make up the terms of use (Terms).
The Terms are a legally binding contact between you and MobiAssist Australia PTY LTD.
The use of the words “we”, “us” and “our” in these Terms refer to MobiAssist.
These Terms set out your rights and responsibilities when you use this website, or any systems operated by us (Platforms).
By using any of our Platforms, you agree to the Terms.
If you don’t agree to the Terms, you must not use any of our Platforms.
You must be at least the age of majority in the place that you reside.
You must ensure that your access to, and use of, our Platforms is not illegal or prohibited by any laws that may apply to you.
You agree to act honestly and reasonably when using our Platforms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Platforms or the use of, or access to, our Platforms, without our express written permission.
We are not responsible if information made available through our Platforms is not accurate, complete or current. Any reliance on our Platforms is at your own risk.
We may change, suspend, or discontinue any of our Platforms without notice to you.
We reserve the right to limit the use of our Platforms to any person, geographic region or jurisdiction.
We will not be liable to you for the effect that any changes to our Platforms may have on you.
You may not use our Platforms in any way that causes them to be interrupted, damaged or impaired or for fraudulent, criminal or other unlawful purposes.
This section applies to any product or service sold or supplied to you through our Platforms (Products and Services).
All descriptions of Products and Services, including pricing, is subject to change without notice.
Photographs are illustrative only and may vary from the Products and Services described or offered for sale on our Platforms.
We reserve the right to discontinue any Products and Services at any time.
We reserve the right to limit the sales of Products and Services to any person, geographic region or jurisdiction. Products and Services may not be available to you if our third-party vendors are unable to provide them to your location.
If a third-party vendor cannot supply you a Product or Service that has been ordered though our Platforms, we may in our discretion either arrange another third-party vendor to supply you a similar Product or Service or we will provide you with a refund.
Our third-party vendors may charge delivery fees and other charges in connection with Products and Services. Such charges are in addition to the purchase price and are detailed in the description of the Products and Services.
If you have any queries about the fees and other charges, please email us at [email protected].
We are not an authorised provider under the National Disability Insurance Scheme created under the National Disability Insurance Scheme Act 2013 (Cth) (NDIS).
If you are eligible for NDIS funding on any Products and Services, our capacity in the transaction is limited to facilitating the order between you and the relevant third-party vendor that is registered with the NDIS to provide the Products and Services.
If you are using funding from the NDIS for Products and Services, you acknowledge that there may be extended delays in providing you with the Products and Services while your funding under the NDIS is confirmed with the relevant authorities and such delays are beyond our control or the control of our third-party vendors.
The Products and Services sold to you through our Platforms are provided by third parties. You agree to make any warranty claims directly with the third-party vendors.
Any Products and Services that are sold to you are subject to return and exchange only according to our returns policy that can be found here: [##].
See the limitation of our liability detailed in the ‘Our liability’ section below.
All payments through our Platforms are facilitated by third-party payment processors and we do not hold any payment information.
We may charge you the cost of payment processing in addition to the cost of the Products and Services. If we do, it will be shown before you submit your order.
See the limitation of our liability detailed in the ‘Our liability’ section below.
Occasionally our Platforms may contain information that contains typographical errors, inaccuracies or omissions that may relate to the descriptions, pricing, promotions, offers, product shipping charges, transit times and availability of Products and Services.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Platforms is inaccurate at any time (including after you have submitted an order for Products and Services).
We make no representations about external websites and services accessed through our Platforms (External Sites).
Any links to, or framing of, External Sites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites.
We are not liable for any loss suffered in connection with the use of our Platforms or any External Sites.
We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
To the extent permitted by law, we do not accept responsibility for any loss or damage which you may suffer in connection with your use of our Platforms or any External Sites, nor do we accept any responsibility for any such loss arising out of your use of or reliance on the content contained on or accessed through our Platforms.
Without limiting the foregoing, we are not responsible if your payment or other personal information that is provided through, or in connection with the use of, our Platforms is accessed by any party without our authorisation.
To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms is excluded.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Australian Consumer Law or any similar law which cannot be excluded, restricted or modified.
To the fullest extent permitted by law, our liability to you for a breach of a non-excludable right is limited, at our sole discretion, to the resupply of the Products and Services again or the payment of the cost of having the Products and Services supplied again.
You must ensure that the details you provide to us are correct and inform us of any changes.
You are responsible for maintaining the confidentiality of your account and password and must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner.
Except to the extent caused by us, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account.
If we have concerns with your account or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account including by suspending or restricting access to your account, terminating your account or removing or editing content you post using your account.
You must ensure any content submitted to our Platforms is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
If you submit content to our Platforms, you grant us irrevocable non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media and to optionally use the name that you submit in connection with such content.
To the extent permitted by law you waive any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted to us.
Any personal information that you provide us will be handled in accordance with our privacy policy that can be found here: [##].
We use cookies on our Platforms for various reasons and by using our Platforms, you consent to the use of such cookies. This includes cookies:
Copyright in our Platforms is owned or licensed by us. This includes all text, graphics, logos, icons, sound recordings and software.
You may not adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of our Platforms or commercialise any information, products or services obtained from any part of our Platforms without our express written consent.
Graphics, logos, icons and service names that appear in any Service may be our trademarks.
You may not use our trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us.
All other trademarks not owned by us that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You may not frame or use framing techniques to enclose any of our trademarks or logos (including images and text) without our express written consent.
You may not use any meta tags or any other “hidden text” utilising our names or trademarks without our express written consent.
We may terminate your use of our Platforms for any reason without notice to you.
The Terms will remain in effect after the termination of our Platforms.
If we take no action or waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms is held to be invalid, unenforceable or illegal for any reason, then to the extent of such unenforceability, invalidity or illegality it is to be severed from the Terms and the remaining Terms continue in full force.
You consent to receive communications from us electronically and agree electronical communications satisfy any legal requirement for communications to be in writing.
These Terms are governed by the laws in force in Queensland, Australia and you agree to submit to the exclusive jurisdiction of the Courts in that location.
We reserve the right to change any part of these Terms.
Your continued use of, or access to, our Platforms constitutes acceptance of the changes to the Terms.
It is your responsibility to check this page periodically for any changes to the Terms.
If you have any questions about these Terms, please email us at [email protected].
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